Elected officials in Jefferson County, along with all county employees, will no longer swear an oath to support the laws of the United States, according to a recent modification of the oath of office.
Up until this year, county officials pledged in their oath to, “support the Constitution and Laws of the United States, and the Constitution and Laws of the State of Washington.” In the new oath county employees, appointed officials and elected officials affirm only to, “support the Constitution of the United States,” without swearing to support federal law. The oath is scheduled to be administered at the county courthouse in Port Townsend December 31 at 1:00 pm.
The New Oath of Office
Central Services Director Mark McCauley said County Administrator Philip Morley initiated the change, which McCauley characterized as, “a simple tidying-up of an oath.” McCauley said, “there was no event that triggered it,” and the change was adopted in April, 2018, according to Elections Coordinator Betty Johnson.
McCauley could not say what prompted the re-writing of the oath but the revision coincides with media reports in mid-March that Greg Brotherton was being courted by Democrats to run for an open seat on the Jefferson County Board of Commissioners. Brotherton went on to win election in November with 68% of the vote.
Brotherton owns the Sea Change Cannabis store in Discovery Bay. The sale of marijuana is illegal under federal law, resulting in Brotherton being unable to uphold the old oath’s provision to support the, “Laws of the United States,” without divesting himself of his cannabis business. The wording of the new oath removes any conflict for Brotherton to support federal law while operating a cannabis shop.
According to McCauley, the county’s new oath is taken from the Municipal Research and Services Center (MRSC), a non-partisan, non-profit organization that provides policy implementation and other consulting services for local governments in Washington state. The MRSC provides a template for what it calls a “commonly used,” oath but also informs that no particular language is mandated for local oaths, giving counties the latitude to change their oaths as they see fit.
“We like MRSC,” said McCauley. “They’re a pretty good source on how to run local governments.” McCauley also noted that Washington state officials who are sworn into office do not take an oath to support the laws of the United States.
Jefferson County’s decision to omit support of federal law from its oath differs from surrounding counties that require elected officials to affirm their support for the laws of the United States. The oaths of office in Kitsap and Clallam Counties include language to support the Constitution and laws of the United States, while in Grays Harbor County, officials swear an oath to support the federal and state constitutions and to, “perform and discharge the duties of the office… according to law.”
Clallam County Auditor Shoona Riggs says officials there swear an oath to support the laws of the United Sates adding, “the oath of office was sent to the (county) prosecutor for review.” Grays Harbor County Auditor Joe MacLean said there are numerous federal laws that affect county governments in Washington state. “There are laws involving federal grants and federal laws regarding voting, federal voting assistance programs and ballots for people overseas,” said MacLean. “Federally, we’re required to provide ballots to service members overseas.”
The new Jefferson County oath does not prohibit supporting federal laws, and Jefferson County Sheriff-elect Joe Nole said the new oath would likely not have a significant impact on local law enforcement. Nole said the sheriff’s department would continue to cooperate with federal law enforcement agencies as appropriate and on a case-by-case basis.
Nole pointed out that county sheriff’s are not ordinarily tasked with enforcing federal law, but said he believes the new oath better reflects the sometimes contradictory nature of the 10th Amendment to the Constitution, in which there is a difference between state and federal law on specific matters, including cannabis use and sales. “I think it’s a more accurate idea because we don’t actually enforce federal regulations as such,” said Nole.
The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The amendment has been increasingly invoked as states move to legalize or deregulate marijuana use and sale. Marijuana is illegal under federal law but the Constitution is silent on the issue, and cannabis supporters argue the 10th Amendment gives states the right to legalize the drug.
On matters involving illegal immigration, primarily a federal issue, Nole drew a distinction between the administrative and law enforcement aspects of dealing with people suspected of being in the United States illegally. “If (federal agencies) had some kind of federal warrant, like a murder in Tennessee, of course we would hold them,” said Nole. However, Nole said his department would not likely hold a suspect for an extended period of time based solely on a request by a federal agency to do so, saying the federal government has an obligation to take custody of suspects in a timely manner. 
[Editor’s Note: Compare the oath office taken by incumbent Jefferson County Commissioner David Sullivan, in which he swore to uphold federal laws. That oath is reproduced as the featured image for this story.]
Scott Hogenson is a prize-winning journalist who has been a member of the academic staff at the University of Wisconsin-Madison where he lectured in the School of Journalism and served as managing editor for the Wisconsin Public Radio News Network. Scott has also been a contributing editor for National Public Radio in Washington, D.C., a broadcast editor for United Press International, and a news director for radio stations in Virginia and Texas.
RE: Elected officials in Jefferson County will no longer swear an oath to support the laws of the United States of America
I recently read the article regarding the change of the content of the oath taken by officials and employees of Jefferson County Washington. This has resulted in a quandary for me. When I volunteered to serve in the military of this nation I took and oath to support the Constitution and laws all enemies foreign and domestic. Later during my life I took a very similar oath upon entering two different police agencies in another state. The only difference being the addition of the states name and reference to it's constitution. Several million men and women have taken this same oath when entering service in the military and several million more when entering service in Law Enforcement. The OATH is a solemn pledge to serve our City, County, State and Nations Constitutions and Laws. Why is it now necessary to quantify and qualify those laws that exist for we the American People as laws that will or will not be enforced?I think it is noteworthy that Mr. Mark McCauley, Central Services Director for Jefferson County described the changing of the oath as an act of "A simple tidying up of an oath"..... that was done by Jefferson County Administrator Phillip Morley back in April of 2018 at a point in time when candidates were filing to run in the primary elections. At that time one of the five candidates for the office of County Commissioner, Mr. Greg Brotherton was being referred to with-in the community by a number of entities as the "Chosen Representative of the Democratic Party. If Mr. Brotherton did win in the election that would create a dilemma, Being the owner of a business that sells cannabis, which is a Federal Crime although not a state crime he could not in good faith and honesty take the oath which would exempt him from obeying Federal Law and if he did his veracity would be questioned even more so than it presently is with the number of violations of state law that have occurred at his business recently.
A frequent wording used in regard to this situation is bias. The people expect our elected representatives to be un biased. Now since Jefferson County has chosen in some form to be a sovereign entity and not obey or enforce certain Federal Laws, (created for the protection of all citizens) they no longer qualify for Federal Government Grants and Assistance. Is this an unbiased method of serving the public?
Considering this issue a little further, is the common employer/employee relationship regarding drug tests. Will Mr. Brotherton be required to submit to random drug testing like any other County or Private employee? Why should we as responsible citizens and taxpayers of Jefferson County be subject to decisions made by Mr. Brotherton during his employment as a representative of the people if he did refuse to take a drug test immediately after a questionable decision or should that decision be taken before the courts and stalled for years while the effects of the drugs wear off. Should the decision he made as a representative of the people be set aside in the event it affects taxes for the infrastructure and public safety.
It appears that Mr. Brotherton who freely admits his business enterprise (a violation of federal law), appeared in a campaign video obviously under the influence of some substance, is getting a free ride in the violation of federal law, and still being able to take and oath to serve the people by a simple tidying up of a statement by the Jefferson County Administrator, This also begs the question if Mr. Phillip Morley should also be require to take a drug test!.
It is commonly known and understood that Jefferson County is in dire financial straights due to a looming fiscal crisis. The count has been advised by a number of independent individuals of ways an means of handling this problem without further taxing of the property owners but they are not listening.
If Jefferson County Washington can just flippantly disregard federal laws and make their own way as a socialist sovereignty, what is to protect the citizen of the county and their individual rights outlined in the amendments to the Constitution of the United State of America. Those Freedoms are Federal Laws that Jefferson County wishes to conveniently overlook while being completely and totally unbiased? Taking your rights is just a minor tidying up?